Manish Sen v. The Union Of India Through Directorate Of Revenue Intelligence, Regional Office, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73274 of 2023 Arising Out of PS. Case No.-19 Year-2023 Thana- D.R.I District- Patna ====================================================== Manish Sen S/O Sri Shankar Lal Sen Resident Of Ward No. 39, Behind Chandni Talkies, Ps. Kotwali City, Raghuraj Nagar, Dist. Satna (MADHYA Pradesh) ... ... Petitioner/s

Versus

The Union Of India Through Directorate Of Revenue Intelligence, Regional Office, Patna Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mohit Agarwal Mr. S.D. Sanjay, Sr. Adv Mr. Rahul Kumar Mr. Vishal Kumar For the DRI :

Mr. Anshuman Singh, DRI ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 135(1)(a) and 135(1)(b) of the Customs Act.

3. Prosecution case relates to recovery of two bullions of yellow colored metal believed to be of Gold bullion and three cut pieces of gold bullions total weight of 2216.500 grams of gold amounting to Rs. 1,36,35,908/- from the possession of the petitioner. After inquiry from the petitioner about the said goods, he could not give valid documents in respect of said goods.

Patna High Court CR. MISC. No.73274 of 2023(3) dt.19-01-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted from para-10 of this petition that petitioner is working as an employee in a shop, namely, M/s. Laxmi Padmawati Bullion, a Proprietary concern having its shop at Gandhi Chowk, Satna(M.P.) Further stated that Sri Mahip Sah is the owner and proprietor of the said shop and engaged in the business of sale and purchase of gold bullion, gold jewellery, silver jewellery and utensils for which the said shop has also been got registered under the Assistant Labour Commissioner Satna, (M.P.) and in support of this, Annexure-P/2 has been annexed in this petition which is copy of establishment registration Certificate.

It is also submitted from para-18 of this petition that since the petitioner was an employee of that firm, he was directed to carry the said stocks of gold bullions to Kolkata for getting the same exchanged for gold ornaments. He was instructed to reach Kolkata and thereafter the manager of the said establishment would give the details of the concerned shop at Kolkata where from gold ornament on exchange was to be brought back to Satna(Madhya Pradesh). A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.73274 of 2023(3) dt.19-01-2024 3/3 languishing in judicial custody since 01.08.2023.

5. Learned counsel on behalf of the DRI has opposed the prayer for bail and stated that the petitioner failed to produce the relevant documents at the time when he was apprehended. 6.Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Unit Case No. 09 of 2023-24 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-II cum Special Judge, Economic Offences, Patna. (Sunil Kumar Panwar, J) Shubham/- U T